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When drivers opt out of a breath, blood, or urine test (or are unable to submit to one) after being read

the implied
consent notice, they will be considered to have refused the test. A refusal eliminates the prosecution’s strongest
evidence, as there is no proof of operating a vehicle under the influence (with blood alcohol content of 0.08).
However many are prosecuted and convicted of a DUI despite the absence of a test.
As of July 1, 2012, refusal of a test in Kansas is a crime when the person has a prior DUI diversion or is 18 years
of age or older that is separate from a DUI. This means a person suspected of driving under the influence who
refuses to submit to a test may have two criminal charges: a DUI and Refusal of a Test. And conviction of the
refusal carries the same or worse penalties as a DUI conviction.

Kansas Penalties for Refusing a Test
First Time Test Refusal: A conviction is Class A misdemeanor
with $1,250 to $1,750 fines (and court fees of $10 to $150), and 90
days to one year of imprisonment. A judge may grant probation
only after a minimum of 5 days in custody is served. After serving
48 hours of the minimum 5 days, the person may be placed on
work release but must return to jail after work, and a total of 120
hours must be spent in jail (not including the time spent at work) to
satisfy the minimum custody requirement. The person may also be
placed on house arrest (and monitored by GPS), which also
requires a total of 120 hours spent confined to the home. After the serving the minimum custody requirement, the
person may be put on probation, and the terms (like the terms of diversion) are no alcohol or controlled
substances, do not commit another crime/break any laws, attend alcohol education classes, etc. Driving
privileges will be suspended for a year (and will be record on the person’s driving record), followed by two years
of the installation of an ignition interlock device. The driver may apply for a restricted license after 90 days (with
the installation of an ignition interlock device) for purposes including work and school.
Second Time Test Refusal: A conviction is a Class A misdemeanor (as long as there are no prior convictions
within the last 10 years, otherwise it is a felony) with $1,7500 to $2,500 in fines (and court fees of $10 to $150),
and 90 days to one year of imprisonment. After serving 48 hours of the minimum 90 days, the person may be
placed on work release but must return after work, and a total of 2,160 must be spent in jail (not including the
time spent at work) to satisfy the minimum custody requirement. The person may also be placed on house arrest
(and monitored by GPS), which also requires a total of 2,160 hours spent confined to the home. After the serving
the minimum custody requirement, the person may be put on probation, and the terms (like the terms of
diversion) are no alcohol or controlled substances, do not commit another crime/break any laws, attend alcohol
education classes, etc. Driving privileges will be suspended for a year (and will be record on the person’s driving
record), followed by three years of the installation of an ignition interlock device, however the driver may apply for
a restricted license after 90 days (with the installation of an ignition interlock device) for purposes including work
and school.

Third and Subsequent Test Refusal: A third or subsequent conviction is considered a felony with a $2,500 fine
(and court fees of $10 to $150), and 90 days to one year of imprisonment. After serving 72 hours of the minimum
90 days, the person may be placed on work release but must return after work, and a total of 2,160 must be
spent in jail (not including the time spent at work) to satisfy the minimum custody requirement. The person may
also be placed on house arrest (and monitored by GPS), which also requires a total of 2,160 hours spent
confined to the home. After the serving the minimum custody requirement, the person may be put on probation,
and the terms (like the terms of diversion) are no alcohol or controlled substances, do not commit another
crime/break any laws, attend alcohol education classes, etc. Driving privileges will be suspended for a year (and
will be record on the person’s driving record), followed by four years of the installation of an ignition interlock
device, however the driver may apply for a restricted license after 90 days (with the installation of an ignition
interlock device) for purposes including work and school.

For More Information Please Visit:
http://kansas-dui.com/kansas-dui-refusal/